SECTION 340:2-5-119. Standard of review and burden of proof

(a)   Standard of review. The administrative hearing officer (AHO) determines whether the Oklahoma Department of Human Services (DHS) action is supported by clear and convincing evidence and not contrary to the applicable law.

(b)   Burden of proof. The party who seeks to alter the status quo has the burden of proof. The burden of proof is on:

(1)   an applicant to show that the applicant is eligible to receive a child care facility license;

(2)   DHS to show that a child care facility license should be revoked;

(3)   DHS to show that the issuance of an Emergency Order was necessary to protect the health, safety, or welfare of a child receiving child care; and

(4)   DHS to show that the person should be recorded on the Child Care Restricted Registry.

[Source: Added at 19 Ok Reg 2199, eff 6-27-02; Amended at 25 Ok Reg 12, eff 8-3-07 (emergency); Amended at 25 Ok Reg 885, eff 5-11-08; Amended at 33 Ok Reg 1587, eff 9-15-16]